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HomeMy WebLinkAbout16-057 - US Army Corps of Engineers - Memorandum of Understanding for the Tukwila Urban Center Pedestrian Bridge16 -057 Council Approval N/A MEMORANDUM OF AGREEMENT BETWEEN THE U.S. ARMY CORPS OF ENGINEERS AND CITY OF TUKWILA THIS AGREEMENT is entered into this day of , 2016, by and between the DEPARTMENT OF THE ARMY (hereinafter the "Army "), represented by the U.S. Army Corps of Engineers, Seattle District (Corps) District Commander and the City of Tukwila (hereinafter "the City "). WITNESSETH THAT: WHEREAS, the Corps constructed the Lower Green River Section 205 Flood Damage Reduction Project at Tukwila, Washington (authorized Federal project), under the authority of Section 205 of the 1948 Flood Control Act, as amended, and the City is the local sponsor for the authorized Federal project; and WHEREAS, the City is responsible for maintaining the authorized Federal project in accordance with the authorized Federal project's local cooperation agreement and the authorized Federal project's Operation and Maintenance (O &M) Manual; and WHEREAS, the City proposes to alter the authorized Federal project by constructing the Tukwila Urban Center Pedestrian / Bicycle Bridge over the Green River Project ( "the City's project ") which will include a pedestrian /bicycle pathway crossing over the Green River at River Mile 12.8 on a new, twin tied arch bridge and will include construction over and on the authorized Federal project; and WHEREAS,,prior to making the proposed alteration to the authorized Federal project, 33 U.S.C. 408 (Section 408) requires permission by the Corps; NOW THEREFORE, the parties agree as follows: Article I. Purpose This Memorandum of Agreement (MOA) is entered into by and between the City and the Corps to set forth roles and responsibilities related to the City's proposed modifications to the authorized Federal Project. All terms and conditions of the Lower Green River Section 205 Flood Protection Project Local Cooperation Agreement shall remain in full force and effect. ! /e. Ci��c--;5 Article il: -The City Responsibilities A. The City shall hold its employees and contractors to the terms of this MOA. B. The City shall construct the City's project in accordance with the contracted design drawings and analyses dated 16 October 2015 and submitted to the Corps' for review on 4 March, 2016. The City shall continue to coordinate design drawings with the Corps as the designs are further finalized. Any modifications or substitutions to the approved design drawings and any contractor submittals and shop drawings that may impact the authorized Federal project and /or City's operations and maintenance responsibilities as described in the local cooperation agreement of the authorized Federal project's O &M Manual require prior Corps' review and approval, before construction proceeds. C. The City is fully responsible for all funding artd construction efforts and on -going maintenance, removal and disposal of all materials, post construction monitoring efforts and all associated activities of the City's project. D. The City shall grant the Corps real estate access to the City's project for the purpose of inspection, E. The City is responsible for obtaining all necessary local, state, and federal permits related to the construction and operation and maintenance of the City's project. F. The City shall provide as -built drawings and legal descriptions of the constructed alterations made to the authorized Federal project to the Corps within six months of completion of construction of the City's project. G. To the extent permitted by law, the City shall hold and save the Corps harmless from all damages arising from the activities associated with the construction of the City's project, which includes, but is not limited to construction of a bridge span above the levee, placement of a bridge abutment in the levee, and improvements to the Green River Trail, which runs along the top of the authorized Federal project. . H. The City shall coordinate with the Coast Guard to ensure navigational safety. I. The City shall provide notice to the District's Inspection of Completed Works Program Manager and /or Levee Safety Manager within ten days prior to commencing work on the City's project that occurs within and on the authorized Federal project. Article III. The Corps' Responsibilities A. The Corps shall have no responsibility, for the construction, operations and maintenance, or removal and disposal of material and associated activities of the City's project. B. The Corps shall have no responsibility, for the funding of construction, the funding of operations and maintenance, or the funding of the removal and disposal of material, or associated activities of the City's project. C. The Corps shall review and provide a response to the City regarding whether the Corps approves a proposed modification or substitution to the approved design drawings for the City's project within 30 days of receipt from the City of a proposed modification and its supporting documentation. The Corps' review is limited to the purposes of ensuring the change is not injurious to the public interest, will not affect the authorized Federal project's ability to meet its authorized purpose, is environmentally sound, and is legally compliant. Article IV. Points of Contact Points of contact for this MOA are: Seattle District: Keely Brown, District Section 408 Coordinator Phone: (206) 764 -3434 Email: Keely.N.Brown@usace.army.mil Charles Ifft, Levee Safety Program Manager Phone: (206) 764 -6938 Email: Charles.H.Ifft@usace.army.mil City of Tukwila Cyndy Knighton, Senior Program Manager Phone: (206) 431 -2450 Email: Cyndy.Knighton @tukwilawa.gov Article V. Dispute Resolution The parties agree that, in the event of a dispute between the parties regarding this MOA, the parties shall use their best efforts to resolve that dispute in an informal fashion through consultation and communication, or other forms of non - binding alternative dispute resolution mutually acceptable to the parties. Article VI. Effective Date, Amendment and Modification A. This MOA is effective upon the date of the last signature by the parties. B. This MOA may be modified or amended only by written, mutual agreement of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Agreement. THE DEPARTMENT OF THE ARMY C1'1'Y OF TUKWILA 4-, O, By By -.si �1� John G. Buck Ally erg Colonel, Corps of Engineers City of Tukwila District Commander Mayor Date: Date: